What about laws and regulations?

There are different legislations regarding smoking or non-smoking in Europe. Please find below a summary.

The legal position on passive smoking differs widely across Europe. Members of the European Union have to comply with Council Directives which support protection from environmental tobacco smoke for non-smokers in workplace canteens and rest rooms. In 2002, the EU Commission adopted a non-binding Council Recommendation on the ‘Prevention of Smoking and on Initiatives to Improve Tobacco Control’. It called on member states to ‘provide adequate protection from exposure to passive smoking at the workplace, in enclosed public places and in public transport, and to strengthen smoking prevention programmes’:

EU Council Recommendation (Council Recommendation on the prevention of smoking and on initiatives to improve tobacco control) 2 December 2002: This is a non-binding policy statement from the Council to the member states of the EU, covering issues that are not regulated at EU level, including passive smoking.

The legislations of most countries in the European Union lay down, that the employer is responsible for health and welfare of their employees. This basic principle is carefully worded and fixed in the law of each European state. In reaction, we can find total smoking bans or polluted smoking rooms. These are inadequate solutions to avoid the effects of passive smoking. In order to ensure the contentedness for smokers and non-smokers, the employer must find technical solutions to solve this problem. Only in this way, all people involved will be satisfied.

Please find below the legislations of some member states:

United Kingdom

The Health and Safety at Work Act of 1974 requires employers to ensure the health, safety and welfare of their employees. This legislation has been enforced over the years. After implementing smoke-free regulations in NORTHERN IRELAND and SCOTLAND, a hot discussion regarding a smoking ban in all public places has been started in England. After all the HEALTH BILL which will ban smoking from public places will be enacted in England and Wales by mid 2007:

House of Commons – HEALTH BILL, Part 1: 2 Smoke-free premises (1) Premises are smoke-free if they are open to the public. (2) Premises are smoke-free if they are used as a place of work (7) Premises are “open to the public or a section of the public has access to them, whether by invitation or not, and whether on payment or not. 3 Exemptions (1) The appropriate national authority may make regulations providing for specified descriptions of premises, or specified areas of them, not to be smoke-free.

“This step is a huge step forward for public health” Health Secretary Patricia Hewitt

Ireland

Ireland imposed tough anti-smoking legislation in March 2004, banning smoking in pubs, restaurants and other enclosed workplaces.

Public Health (Tobacco) (Amendment) Act 2004. (f) a building to which the public has access, either as of right or with the permission of the owner or occupier of the building, (…) insofar as it is a place of work.

“29th March 2004 was a very significant date for all Irish citizens, because from that day, most enclosed places of work in Ireland became smoke-free. (…) I am pleased that Ireland has been able to introduce this important legislation, which has the overwhelming support of support of the majority of people, smokers and non-smokers alike.” Micheál Martin, Minister for Health and Children

France

In 1992 the Evin law regulates no smoking in public or workplace. Smoking areas can be introduced in places such as bars and restaurants under certain conditions of ventilation. In the autumn of 2004 the CNCT and the French Tobacco Control Alliance pushed towards implementation of a comprehensive smoking ban. Yves Bur, UMP deputy for Alsace Lorraine presented a bill in the autumn of 2005 to the lower chamber parliament, backed by 60 other lawmakers. The bill calls for a total ban on smoking in public places – including bars and restaurants. Surveys show that more than 70% of the French people are in favour of such a ban. There is a new law outline, the “Code de la Sante Publique” which will ban smoking from all public places and which shall become effective as of the year 2007.

Netherlands

In 1990 the Tobacco Act (Tabakswet) became effective in the Netherlands. This Tobacco Act enables the government to take measures for limiting the consumption of tobacco and for protecting non-smokers. This act is based on the right of a non-smoker to protect the integrity of his or her body, which is recorded in section 11 of the constitutional law.

As of January 1, 2004 the amended Tobacco Act (2002) (Tabakswet (2002)) became effective. It describes the employees’ right to demand a smoke free workplace. For governmental and governmentally subsidized institutions a smoking ban for all common and publicly accessible spaces is effective since 1990.

Part of the amended Tobacco Act is the more vigorous enforcement of the act by the Food and Consumer Products Authority (Voedsel en Waren Autoriteit (VWA)). The VWA checks whether employers have put in place a sufficient smoking policy, and whether the smoking bans in governmental and governmentally subsidized institutions have been enforced. If the smoking policy does not comply with the Tobacco Act, the VWA will issue a fine.

Besides the Tobacco Act other laws are also applicable to the criteria for the smoking policy in organisations. In recent years jurisprudence has been generated about the responsibility of the employer for protecting the employees against exposure to tobacco smoke.

The right to a smoke free workplace includes the entire working environment. This includes the coffee corner, the canteen, the stairs, hallways, toilets, etc. The employee no longer has to accept smoking in these areas. An employer may create a separate smoking area for smokers, but is not obliged to do so.

Spain

On January 1, 2006 Spain introduced a complete ban at the workplace. The law prohibits smoking in bars and restaurants that are larger than 100 square meters, although these may set up 30% of the room which is sealed off from the main area. Restaurants and bars under 100 square meters have to provide clear signs indicating whether they are smoking or smoke-free establishments.

Italy

The Italian smoking ban came into force in January 2005 and provides for smoke-free workplaces, including bars and restaurants, but permits the possibility of designated, closed, sealed-off ventilated smoking rooms (smoke extractors). Businesses face a fine of up to € 2000 if they fail to ensure their
customers do not smoke, while smokers themselves could face a € 275 for repeatedly ignoring the new rules. Many bar owners say fitting the automatic doors and forced ventilation systems required by law is too expensive.